Chapter XIII.
MUNICIPAL COURT

Section 1.  Establishment

There shall be and is hereby established in the City a municipal court, to be known and designated as “the Magistrate Court of the City of Litchfield Park, Maricopa County, State of Arizona.”

Section 2.  Branch of Government; Operating Hours

The Magistrate Court is the judicial branch of City government and shall be open to the public during City business hours, except legal holidays, and as otherwise necessary, to transact business within its jurisdiction.

Section 3.  Jurisdiction Generally

Within the territorial limits of the City, the Magistrate Court has, and shall exercise:

A.    Exclusive original jurisdiction over all proceedings arising under City ordinance.

B.    Concurrent jurisdiction with justices of the peace in precincts within the City over all violations of state law committed within the City.

C.    Jurisdiction over all actions of the City of a civil nature for the recovery of a penalty or forfeiture provided by any City ordinance.

D.    Such jurisdiction granted to inferior courts by state law.

Section 4.  Procedure Generally

Procedure in the Magistrate Court shall be like that provided for inferior courts generally by state law and the Rules of the Supreme Court of Arizona.

Section 5.  Presiding Judicial Officer; Appointment; Term

A.    The presiding judicial officer of the Magistrate Court shall be a Magistrate Judge, who shall be appointed by the Council. The Presiding Judge shall be a graduate of a law school and must be admitted to practice law in the State of Arizona. The Council shall enter into a written employment contract with the Presiding Judge and such contract shall provide for a term of two years, except that the contract shall terminate during an odd-numbered year and shall provide for a term longer than two years if necessary to accomplish that result. During the term of an employment contract, the Presiding Judge may be removed only for cause. The Presiding Judge may be reappointed, and there shall be no limit on the number of terms the Presiding Judge may serve.

B.    The Council has the authority to appoint such Associate Magistrate Judges, as may be necessary from time to time, who must have the same qualifications, judicial powers, and jurisdictions of the Presiding Judge.

C.    An Associate Magistrate Judge shall serve a term of two years and may be reappointed. During such term, an Associate Magistrate Judge may be removed only for cause. There shall be no limit on the number of terms an Associate Magistrate Judge may serve.

D.    The Presiding Judge has the authority to appoint persons who need not meet the qualifications set for the Magistrate Judge as hearing officers for civil traffic matters.

E.    The Presiding Judge, with the approval of Council, may appoint such pro tempore judges as are required by the Magistrate Court and within its annual approved budget. Such pro tempore judges have the same qualifications, judicial powers, and jurisdictions as an Associate Magistrate Judge.

Section 6.  Disposition of Fines, Penalties, and Fees

All fines, penalties, and fees collected by the Magistrate Court shall be collected and expended as set forth in City Code.

Section 7.  Writs and Processes; Execution and Service; Records

A.    A Magistrate Judge is entitled and authorized to issue and cause to be served any and all writs and processes, and has full authority to hear and determine all matters properly coming before the court within the jurisdiction herein specified.

B.    The court will utilize writs and processes similar to those used by constables and sheriffs in similar cases, and keep a proper record of their issuance, returns, and all other actions taken relative thereto, and the court’s actions thereon. City police are hereby authorized to execute and serve any and all writs and processes issued out of said Magistrate Court by said judge, and proper return shall be made by such officer to the same extent as is required of constables and sheriffs in the service and execution of similar papers.

C.    The Magistrate Judge has the power to take the oath or affirmation of any witness or as otherwise may be necessary or incident to performing the duties of Magistrate Judge.

Section 8.  Ordinances to Give Effect

The Council shall pass all ordinances necessary to give effect to this Article, not otherwise herein provided.